2024 (1) TMI 552

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..... ontribution to PF/ESI in tune with Section 43B of the Act wrongly assuming it to be employee contribution, but on realizing the mistake suo motu rectified the aforesaid intimation - assessee preferred impugned appeal before the CIT(A) against the original intimation and in turn CIT(A) wrongfully confirmed the original intimation without taking cognizance of the rectification order passed u/s 154 .....

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..... ect income in accordance with law. As DR for the Revenue did not offer any comment, we find palpable justification in the relief sought by the assessee. The denial of relief in respect of employer s contribution by the CIT(A) on misconception of facts is thus reversed and the position adopted by the Assessing Officer in the rectification order passed under Section 154 is restored. - Shri S .....

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..... firmed by the CIT(A) on the wrong premise that such amount represents late deposits of employees contribution towards PF/ESI under Section 36(1)(va) as against the correct position that such amount represents employer s contribution rather than employees contribution. The ld. counsel submitted that compliance of Section 43B has been made and the payments were made before the due date of filing of .....

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..... rred impugned appeal before the CIT(A) against the original intimation. The CIT(A) wrongfully confirmed the original intimation without taking cognizance of the rectification order passed under Section 154 which accepted the correct position that the amount of Rs. 17,83,170/- represents employer s contribution and thus is governed by Section 43B of the Act and provisions of Section 36(1)(va) would .....

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..... and having regard to the material available on record, we find palpable justification in the relief sought by the assessee. The denial of relief in respect of employer s contribution amounting to Rs. 17,83,170/- by the CIT(A) on misconception of facts is thus reversed and the position adopted by the Assessing Officer in the rectification order passed under Section 154 is restored. 5. In the res .....

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